Are there any exceptions to probate?

Yes, there are some exceptions to probate in Washington State. Generally, if the estate is worth less than $100,000, or if the deceased had no real estate or any other property, then probate may not be necessary. Additionally, if the deceased had a valid will, then the executor of the will can use the will to transfer the estate to the beneficiaries, of if the deceased had named a trust in the will, the trust can possibly be used to transfer the estate in lieu of probate. Another exception to probate is the use of a Small Estate Affidavit. This is a document the family of the deceased can submit to the court in lieu of probate. To qualify for this affidavit, the estate must have no debts, the value of the estate must be less than $100,000, and all beneficiaries must agree on the distribution of the estate. Finally, if the deceased owned joint property with another person, the property may pass to the other owner without the need for probate. In Washington, joint property can be held as “joint tenancy with right of survivorship” or as "tenancy by the entirety". In either case, when one of the owners dies, the other automatically takes ownership without the need for probate. In summary, there are some exceptions to probate in Washington. These include having an estate that is worth less than $100,000, having a valid will, using a small estate affidavit, and having joint tenancy with right of survivorship.

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Are there any exceptions to probate?

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